• Title/Summary/Keyword: Legal requirement

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취침 시 환기횟수에 따른 $CO_2$ 피크치 제어에 관한 연구 (A Research on the $CO_2$ Peak Point Control According to Ventilation Rate During Sleeping)

  • 김세환;김동규;박종일
    • 설비공학논문집
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    • 제21권1호
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    • pp.49-54
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    • 2009
  • Ventilation requirement of apartment was mandated according to building equipment standards in 2006. When ventilation unit was considering for indoor air quality maintenance, we needed energy saving and efficiency ventilation control methods. This study carried out experiment of ventilation rate 0.7 adequacy. When we lived in apartment, we assumed that sleeping time was long stayed time in unconsciousness. Experiments carried out ventilation rate 0, 0.1, 0.4 and 0.7 in environment chamber from 22 o'clock to 06 o'clock, the concentration of $CO_2$, temperature and humidity rate measured. Analyzing the results, conclusions are as follows. 1) When we sleep in bedroom, ventilation rate 0.4 meet the requirements of domestic legal standards. Conform fan of similarity law, ventilation rate 0.4 reduced power cost about 80% than 0.7. 2) In generally sleeping time 8 hours, peak point control reduced running time of ventilation unit about 43% than normal control.

유럽매매법원칙과 한국법상 결함상품에 대한 매도인의 책임의 법적성격과 책임제도 (The Liability System and the Legal Nature of the Seller's Liability for Defective Goods under Korean Law and the PELS)

  • 이병문
    • 무역상무연구
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    • 제44권
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    • pp.31-55
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    • 2009
  • This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

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화재피해 감소 위한 자동소화장치 적용범위 개선 (Improvement to the Applicable Scope of Automatic Fire Extinguisher to Reduce Fire Damage)

  • 백창선;박인선
    • 한국안전학회지
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    • 제33권1호
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    • pp.62-65
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    • 2018
  • The rapid progress toward the 4th industrial society has led to possibilities of fire increase. It is pointed out that, though initial fire suppression is emphasized, the current legal systems do not sufficiently recognize the importance of initial fire suppression. In order to resolve this, problems of the current legal systems and regulations, as well as fire-fighting facilities to be equipped according to the size of specific fire-fighting objects, were diagnosed. Also, suggestions for improvement were provided through comparative analysis with relevant laws and technical regulations of Korea and other countries. According to fire safety standards such as NFPA, IMO, ISO, and Russian standards, automatic fire extinguishers are to be installed as per the adaptability criteria of fire extinguishers and automatic fire extinguishers. In Korea, the "Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-fighting Systems" cover the types and scope of fire fighting facilities that include specific fire protection objects, such as electric room, power room, and substation room. This study has identified that, in case of a place with a floor area of less than $300m^2$, the installation requirement is not clearly specified. Therefore, in this study, fire extinguishing equipment and automatic fire extinguishing equipment to be added for each sub-use application are proved to have fire extinguishing performance of Class A, Class B, and Class C, respectively. In view of the fact that, in overseas standards, all space except containing such materials as Deep fire, metal fire and peroxide, can be installed with fire fighting equipment, a legal system for specifying the capacity units of fire fighting apparatus by application is, in this study, proposed.

국제상사중재에서의 중재합의에 관한 법적 문제점 -대법원 2004, 12. 10. 선고 2004다20180 판결 이 제기한 뉴욕협약상의 쟁점들을 중심으로- (Several Legal Issues on Arbitration Agreement under the New York Convention Raised by the Recent Supreme Court Decision of Korea of December 10, 2004)

  • 석광현
    • 한국중재학회지:중재연구
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    • 제15권2호
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    • pp.225-261
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    • 2005
  • Under Article IV of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), in order to obtain the recognition and enforcement of a foreign arbitral award, a party applying for recognition and enforcement of a foreign arbitral award shall supply (a) the duly authenticated original award or a duly certified copy thereof and (b) the original arbitration agreement or a duly certified copy thereof. In addition, if the arbitral award or arbitration agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language, and the translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. In a case where a Vietnamese company which had obtained a favorable arbitral award in Vietnam applied for recognition and enforcement of a Vietnamese arbitral award before a Korean court, the recent Korean Supreme Court Judgment (Docket No. 2004 Da 20180. 'Judgment') rendered on December 12, 2004 has alleviated the document requirements as follows : The Judgment held that (i) the party applying for recognition andenforcement of a foreign arbitral award does not have to strictly comply with the document requirements when the other party does not dispute the existence and the content of the arbitral award and the arbitration agreement and that (ii) in case the translation submitted to the court does not satisfy the requirement of Article 4, the court does not have to dismiss the case on the ground that the party applying for recognition and enforcement of a foreign arbitral award has failed to comply with the translation requirement under Article 4, and instead may supplement the documents by obtaining an accurate Korean translation from an expert translator at the expense of the party applying for recognition and enforcement of the foreign arbitral award. In this regard, the author fully supports the view of the Judgment. Finally, the Judgment held that, even though the existence of a written arbitration agreement was not disputed at the arbitration, there was no written arbitration agreement between the plaintiff and the defendant and wenton to repeal the judgment of the second instance which admitted the existence of a written arbitration agreement between the parties. In this regard, the author does not share the view of the Judgment. The author believes that considering the trend of alleviating the formality requirement of arbitration agreements under Article 2 of the New York Convention, the Supreme Court could have concluded that there was a written arbitration agreement because the defendant participated in thearbitration proceedings in Vietnam without disputing the formality requirement of the arbitration agreement. Or the Supreme Court should have taken the view that the defendant was no longer permitted to dispute the formality requirement of the arbitration agreement because otherwise it would be clearly against the doctrine of estoppel.

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영국 해상보험법상 피보험자의 고지의무에 관하여 (What is the Duty to Disclose a Material Circumstances by the Assured, M.I.A., 1906)

  • 박용섭
    • 한국항해학회지
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    • 제7권1호
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    • pp.83-103
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    • 1983
  • The duty of disclosure it is a preliminary requirement to effect marine insurance contract between the assured and the underwriter. The contract of Marine Insurance is called a uberrimae fidei contract, the assured, therefore, in the law of marine insurance, shall communicate a material circumstances to the latter before the policy to be effected. As growing the maritime industries in Korea, there is forming a larger marine insurance market, accordingly, and having a wide relation with the practice of the marine insurance in England. It means that the most of the legal theories of the marine insurance would be adopted by the English Marine Insurance Case Law and M.I.A., 1906. From the viewpoint of the said this author has tried out to study what is the duty of disclosure of the marine insurance based upon the English Marine Case Law.

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전자증거 관리시스템의 설계 (DESIGNIN AND OPERATION OF DIGITAL EVIDENCE MANAGEMENT SYSTEM APPLYING COMPUTER FORENSICS AND ELECTRONIC CERTIFICATION)

  • 김종섭;하옥현;김귀남
    • 대한안전경영과학회:학술대회논문집
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    • 대한안전경영과학회 2001년도 춘계학술대회
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    • pp.275-280
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    • 2001
  • DESIGNIN AND OPERATION OF DIGITAL EVIDENCE MANAGEMENT SYSTEM APPLYING COMPUTER FORENSICS AND ELECTRONIC CERTIFICATION Digital evidence will be used as a term, which means the electronic form of information which is necessary to confirm or prove the factum of all kinds of behaviors committed through the devices which have data processing ability including computer. It is expected that there will be the increase of legal conflicts surrounding electronic commerce activities as well as the increase of cyber crimes, as the number of Internet users are getting bigger. In order to solve the problems of conflicts derived from electronic commerce, the factum of electronic commerce activities must be confirmed. In order to confirm the factum of electronic commerce activities, the evidence is prerequisite. Almost all evidences relating to the electronic commerce activities exist in digital form. For the reason that the digital evidence can be easily damaged and changed, special management is required to collect, analyze, and preserve the digital evidence. In order to meet this requirement, this study proposes a basic model of digital evidence management system applying computer forensics and electronic authentication.

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건축공사 환경관리비 운영체계 비교 분석 (Comparative Analysis of the Environmental Management Cost in Building Construction Sites)

  • 구자건
    • KIEAE Journal
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    • 제10권4호
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    • pp.111-116
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    • 2010
  • The environmental management is essential for construction projects. The environmental management cost for construction projects is used for various purposes to control the environmental pollution and treat the wastes generated from the construction sites. Six construction cases were analyzed to compare the environmental management cost. The proportion of environmental management cost for total construction budget should be higher than 0.70% in redevelopment projects and 0.30% in newly constructed buildings, respectively, but every six construction cases did not meet the legal requirement. Redevelopment projects expanded more environmental management cost than the newly constructed projects especially in noise control and wastes treatment. In case of apartment construction projects, the proportion of environmental management cost of redevelopment buildings is 2.4 times higher than the newly constructed buildings, but in all cases, paid more attention to the noise and waste controlling measures than the wastewater treatment. It is needed to ensure the cost-effectiveness of environmental management for achieving the eco-friendly construction sites.

Functional Requirements of Data Repository for DMP Support and CoreTrustSeal Authentication

  • Kim, Sun-Tae
    • International Journal of Knowledge Content Development & Technology
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    • 제10권1호
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    • pp.7-20
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    • 2020
  • For research data to be shared without legal, financial and technical barriers in the Open Science era, data repositories must have the functional requirements asked by DMP and CoreTrustSeal. In order to derive functional requirements for the data repository, this study analyzed the Data Management Plan (DMP) and CoreTrustSeal, the criteria for certification of research data repositories. Deposit, Ethics, License, Discovery, Identification, Reuse, Security, Preservation, Accessibility, Availability, and (Meta) Data Quality, commonly required by DMP and CoreTrustSeal, were derived as functional requirements that should be implemented first in implementing data repositories. Confidentiality, Integrity, Reliability, Archiving, Technical Infrastructure, Documented Storage Procedure, Organizational Infrastructure, (Meta) Data Evaluation, and Policy functions were further derived from CoreTrustSeal. The functional requirements of the data repository derived from this study may be required as a key function when developing the repository. It is also believed that it could be used as a key item to introduce repository functions to researchers for depositing data.

아동학대 연구와 조사의 윤리 (Ethical Issues in Child Abuse and Neglect Research)

  • 이재연
    • 아동학회지
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    • 제26권2호
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    • pp.243-256
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    • 2005
  • The conduct of research in the area of child abuse and neglect is one of the most difficult tasks in social science research. One requirement for maltreatment research is knowledge of the type and amount of exposure to child abuse or neglect. This paper addressed methodological and ethical consideration that are especially pertinent to research about child maltreatment. Issues of the subject recruitment, informed consent, confidentiality, and reporting that arises in the course of carrying out such research were discussed. Additional work is needed to implement definitional, legal, and ethical guidelines for hose who study child abuse to help clarify some of the complexity inherent in work in this field.

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도시생활환경 개선을 위한 도로변 공개공지의 활용실태에 관한 연구 (A Study of Utilization of Semi-public Space of Street for the Betterment in Life Environment)

  • 김한수;정준현
    • 한국주거학회논문집
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    • 제11권2호
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    • pp.85-95
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    • 2000
  • This study tries to promote an effective use of semi-public space of urban street in social point of view. The main results are follows. First, semi-public space is occupied by private users and it makes urban landscape unrecoverable. The real problem is that people do not know the space is for public use rather than pure private use. Second, the standard of semi-public space requirement should be changed from floor space to lot area. In addition, the standard should apply to buildings on an area less than a legal standard. Third, some ways of attaining the semi-public space in relation with adjacent lots should be introduced in the case of urban redevelopment nad living condition improvement projects.

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